State v. Nicholson

New York Court of General Session of the Peace

Decided November 15, 1895

New York Court of General Session of the Peace · decided 1895-11-15

<p>The defendant was indicted under the provisions of the statute as contained in Revised Code (1893) 944. The indictment charged, inter alia, that he “ did unlawfully and without having first obtained the consent of the owner and legal proprietor thereof, then and there take possession of, use and drive off a certain mare.”</p>

Decided 1895-11-15

Lore, C. J.

¶1The indictment follows the statute, which says that it shall be unlawful, without first having obtaining the consent of the owner or legal proprietor, to take possession of, use, ride off or drive off. The copulative “ or” is between “ ride off” and “ drive offl” They are copulated together, and it means to ride or drive off; that is the only distinction. It is to take possession of, use and ride off; take possession of, use and drive off. The “ or ” distinguishes between riding off and driving off. The language here is, to take possession of, use and drive off.

¶2We overrule the motion and refuse to quash the indictment.